Minorities Commission headless: Delhi HC seeks Central government response on "very important" PIL

The Delhi High Court on Wednesday sought the Central government's stand on a plea stating that the posts of chairperson, vice-chairperson and members of the National Commission for Minorities (NCM) have been vacant for months [Mujahid Nafees v Union of India].

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the issue is extremely important and the Commission cannot be without a head.

"You can’t have a Commission without the head. Do not wait for the next date of hearing. Please ensure that things start moving. This is very very important," the Bench remarked.

Therefore, the Court granted the Central government's counsel to obtain instructions in the matter.

The High Court was hearing a public interest litigation (PIL) petition filed by activist Mujahid Nafees.

In his plea, Nafees sought directions to the Central government to appoint the Chairperson, Vice-Chairperson and members of the NCM, which has remained headless since April this year.

Nafees contended that the government’s failure to fill the top positions has rendered the statutory body completely defunct, undermining the protection of minority rights guaranteed under the Constitution and the National Commission for Minorities Act, 1992.

According to the petition, all seven positions in the Commission, including the chairperson, vice-chairperson and five members, have been vacant since April 12, when former chairperson S Iqbal Singh Lalpura completed his tenure.

"This alarming state of affairs has been formally acknowledged by the Hon'ble Minister of Minority Affairs on the floor of the Rajya Sabha. The government's inaction is further aggravated by the fact that it is in direct contravention of the spirit and letter of a prior order from this Hon'ble Court... wherein the Court had expressed its dissatisfaction with such delays and directed that vacancies be filled expeditiously within a proper timeline," the plea stated.

The PIL was filed through advocate Deeksha Dwivedi.